`Case 2:18-cv-00513-JRG Document 38 Filed 05/07/19 Page 1 of 17 PageID #: 418
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`UNILOC 2017 LLC,
`
`Plaintiff,
`
`
`v.
`
`VERIZON COMMUNICATIONS INC.,
`CELLCO PARTNERSHIP INC. D/B/A
`VERIZON WIRELESS, VERIZON
`BUSINESS NETWORK SERVICES,
`INC., and VERIZON DIGITAL MEDIA
`SERVICES, INC.,
`
`
`
`
`
`Case No. 2:18-CV-00513
`
`Jury Trial Demanded
`
`§ § § §
`
`
`
`
`
`Defendants,
`
`
`ERICSSON INC.,
`
`
`Intervenor Defendant.
`
`
`
`INTERVENOR ERICSSON INC.’S ANSWER IN INTERVENTION
`
`
`Intervenor Ericsson Inc. (“Ericsson”), by and through its undersigned counsel, hereby
`
`submits the following Answer in Intervention to the November 17, 2018 Complaint (DE 1)
`
`(“Complaint”) of Plaintiff Uniloc 2017 LLC (“Uniloc”):
`
`SCOPE OF ERICSSON’S ANSWER IN INTERVENTION
`
`
`
`Ericsson’s intervention in this case is limited to defending claims arising from Verizon
`
`Communications Inc., Cellco Partnership Inc. d/b/a Verizon Wireless, Verizon Business Network
`
`Services, Inc. and Verizon Digital Media Services, Inc.’s (collectively, “Verizon”) use of Ericsson
`
`products. To the extent a response is required to allegations outside of this scope, Ericsson is
`
`without knowledge or information sufficient to form a belief as to the truth of such allegations and
`
`
`
`
`
`1
`
`Ex. 1022 / Page 1 of 17
`ERICSSON v. UNILOC
`
`
`
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`Case 2:18-cv-00513-JRG Document 38 Filed 05/07/19 Page 2 of 17 PageID #: 419
`
`
`therefore denies them. Ericsson’s use of headings in this Answer in Intervention is for convenience
`
`only and are not admissions as to any of Uniloc’s allegations in the Complaint.
`
`ANSWER IN INTERVENTION
`
`NATURE OF THE ACTION
`
`1.
`
`Ericsson admits that Uniloc purports to allege in the Complaint that Verizon has
`
`infringed U.S. Patents Nos. 7,075,917 (the “’917 patent), U.S. Patents Nos. 6,664,891 (the “’891
`
`patent), 6,519,005 (the “’005 patent) and 7,016,676 (the “’676 patent) (collectively, the “Patents-
`
`in-Suit”). Ericsson admits that Exhibits A-D of the Complaint appear to be accurate reproductions
`
`of the Patents-in-Suit.
`
`2.
`
`Ericsson admits that Uniloc purports to allege in the Complaint that Verizon has
`
`infringed the Patents-in-Suit by importing, making, offering for sale, selling and operating certain
`
`applications and devices. Ericsson admits that Uniloc purports to seek damages and other relief
`
`in the Complaint. Ericsson is without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations set forth in the remainder of this Paragraph and therefore denies them.
`
`THE PARTIES
`
`3.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`4.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`5.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`6.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`
`
`
`
`2
`
`Ex. 1022 / Page 2 of 17
`ERICSSON v. UNILOC
`
`
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`Case 2:18-cv-00513-JRG Document 38 Filed 05/07/19 Page 3 of 17 PageID #: 420
`
`
`7.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`8.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`9.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`10.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`11.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`JURISDICTION AND VENUE
`
`12.
`
`This Paragraph states a legal conclusion to which no response is necessary. To the
`
`extent a response is deemed necessary, Ericsson denies that Verizon has infringed the ’676 patent
`
`through Verizon’s use of Ericsson products. Ericsson is without knowledge or information
`
`sufficient to form a belief as to the truth of the remaining allegations set forth in this Paragraph
`
`and therefore denies them.
`
`13.
`
`Ericsson denies that Verizon has infringed the ’676 patent through Verizon’s use
`
`of Ericsson products. Ericsson is without knowledge or information sufficient to form a belief as
`
`to the truth of the allegations set forth in this Paragraph and therefore denies them.
`
`14.
`
`Ericsson denies that Verizon has infringed the ’676 patent through Verizon’s use
`
`of Ericsson products. Ericsson is without knowledge or information sufficient to form a belief as
`
`to the truth of the remaining allegations set forth in this Paragraph and therefore denies them.
`
`
`
`
`
`3
`
`Ex. 1022 / Page 3 of 17
`ERICSSON v. UNILOC
`
`
`
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`Case 2:18-cv-00513-JRG Document 38 Filed 05/07/19 Page 4 of 17 PageID #: 421
`
`
`COUNT I: INFRINGEMENT OF U.S. PATENT NO. 7,075,917
`
`15.
`
`Ericsson incorporates by reference each response contained in paragraphs 1 through
`
`14 of this Answer in Intervention as though fully set forth herein.
`
`16.
`
`Ericsson admits that Exhibits A of the Complaint appears to be an accurate
`
`reproduction of the ’917 patent. Ericsson admits to the allegations made in the remainder of this
`
`Paragraph.
`
`17.
`
`This Paragraph states a legal conclusion to which no response is necessary. To the
`
`extent a response is deemed necessary, denied.
`
`18.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`19.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`20.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`21.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`22.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`23.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`24.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`
`
`
`
`4
`
`Ex. 1022 / Page 4 of 17
`ERICSSON v. UNILOC
`
`
`
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`Case 2:18-cv-00513-JRG Document 38 Filed 05/07/19 Page 5 of 17 PageID #: 422
`
`
`25.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`26.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`27.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`28.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`29.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`30.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`31.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`32.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`33.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`34.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`35.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`
`
`
`
`5
`
`Ex. 1022 / Page 5 of 17
`ERICSSON v. UNILOC
`
`
`
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`Case 2:18-cv-00513-JRG Document 38 Filed 05/07/19 Page 6 of 17 PageID #: 423
`
`
`36.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`37.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`38.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`39.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`40.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`41.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`42.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`43.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`44.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`45.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`46.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`
`
`
`
`6
`
`Ex. 1022 / Page 6 of 17
`ERICSSON v. UNILOC
`
`
`
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`Case 2:18-cv-00513-JRG Document 38 Filed 05/07/19 Page 7 of 17 PageID #: 424
`
`
`47.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`48.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`49.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`COUNT II: INFRINGEMENT OF U.S. PATENT NO. 6,664,891
`
`50.
`
`Ericsson incorporates by reference each response contained in paragraphs 1 through
`
`14 of this Answer in Intervention as though fully set forth herein.
`
`51.
`
`Ericsson admits that Exhibit B of the Complaint appears to be an accurate
`
`reproduction of the ’891 patent. Ericsson admits to the allegations made in the remainder of this
`
`Paragraph.
`
`52.
`
`This Paragraph states a legal conclusion to which no response is necessary. To the
`
`extent a response is deemed necessary, denied.
`
`53.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`54.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`55.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`56.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`
`
`
`
`7
`
`Ex. 1022 / Page 7 of 17
`ERICSSON v. UNILOC
`
`
`
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`Case 2:18-cv-00513-JRG Document 38 Filed 05/07/19 Page 8 of 17 PageID #: 425
`
`
`57.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`58.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`59.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`60.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`61.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`62.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`63.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`64.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`65.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`66.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`67.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`
`
`
`
`8
`
`Ex. 1022 / Page 8 of 17
`ERICSSON v. UNILOC
`
`
`
`
`Case 2:18-cv-00513-JRG Document 38 Filed 05/07/19 Page 9 of 17 PageID #: 426
`
`
`68.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`69.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`COUNT III: INFRINGEMENT OF U.S. PATENT NO. 6,519,005
`
`70.
`
`Ericsson incorporates by reference each response contained in paragraphs 1 through
`
`14 of this Answer in Intervention as though fully set forth herein.
`
`71.
`
`Ericsson admits that Exhibit C of the Complaint appears to be an accurate
`
`reproduction of the ’005 patent. Ericsson admits to the allegations made in the remainder of this
`
`Paragraph.
`
`72.
`
`This Paragraph states a legal conclusion to which no response is necessary. To the
`
`extent a response is deemed necessary, denied.
`
`73.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`74.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`75.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`76.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`77.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`
`
`
`
`9
`
`Ex. 1022 / Page 9 of 17
`ERICSSON v. UNILOC
`
`
`
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`Case 2:18-cv-00513-JRG Document 38 Filed 05/07/19 Page 10 of 17 PageID #: 427
`
`
`78.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`79.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`80.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`81.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`82.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`83.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`84.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`85.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`86.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`87.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`88.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`
`
`
`
`10
`
`Ex. 1022 / Page 10 of 17
`ERICSSON v. UNILOC
`
`
`
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`Case 2:18-cv-00513-JRG Document 38 Filed 05/07/19 Page 11 of 17 PageID #: 428
`
`
`89.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`90.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`COUNT III: INFRINGEMENT OF U.S. PATENT NO. 7,016,676
`
`91.
`
`Ericsson incorporates by reference each response contained in paragraphs 1 through
`
`14 of this Answer in Intervention as though fully set forth herein.
`
`92.
`
`Ericsson admits that Exhibit D of the Complaint appears to be an accurate
`
`reproduction of the ’676 patent. Ericsson admits to the allegations made in the remainder of this
`
`Paragraph.
`
`93.
`
`This Paragraph states a legal conclusion to which no response is necessary. To the
`
`extent a response is deemed necessary, denied.
`
`94.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`95.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`96.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations set forth in this Paragraph and therefore denies them.
`
`97.
`
`Ericsson admits that it provides to Verizon base stations that can be configured to
`
`communicate with LTE-LAA-enabled devices over an unlicensed frequency band (“Ericsson
`
`LTE-LAA Base Stations”). Ericsson denies the remaining allegations set forth in this Paragraph.
`
`
`
`
`
`11
`
`Ex. 1022 / Page 11 of 17
`ERICSSON v. UNILOC
`
`
`
`
`Case 2:18-cv-00513-JRG Document 38 Filed 05/07/19 Page 12 of 17 PageID #: 429
`
`
`98.
`
`Denied with respect to Ericsson LTE-LAA Base Stations. Ericsson is without
`
`knowledge or information sufficient to form a belief as to the truth of the remaining allegations set
`
`forth in this Paragraph and therefore denies them.
`
`99.
`
`Denied with respect to Ericsson LTE-LAA Base Stations. Ericsson is without
`
`knowledge or information sufficient to form a belief as to the truth of the remaining allegations set
`
`forth in this Paragraph and therefore denies them.
`
`100. Ericsson admits that the Ericsson LTE-LAA Base Stations communicate with
`
`smartphones. Ericsson further admits that certain of those smartphones are capable of
`
`communicating with other devices via the LTE-LAA and Wi-Fi protocols. Ericsson denies that
`
`the Ericsson LTE-LAA Base Stations communicate with any devices using the Wi-Fi protocol.
`
`Ericsson is without knowledge or information sufficient to form a belief as to the truth of the
`
`remaining allegations set forth in this Paragraph and therefore denies them.
`
`101. Denied with respect to Ericsson LTE-LAA Base Stations. Ericsson is without
`
`knowledge or information sufficient to form a belief as to the truth of the remaining allegations set
`
`forth in this Paragraph and therefore denies them.
`
`102. Denied with respect to Ericsson LTE-LAA Base Stations. Ericsson is without
`
`knowledge or information sufficient to form a belief as to the truth of the remaining allegations set
`
`forth in this Paragraph and therefore denies them.
`
`103. Denied with respect to Ericsson LTE-LAA Base Stations. Ericsson is without
`
`knowledge or information sufficient to form a belief as to the truth of the remaining allegations set
`
`forth in this Paragraph and therefore denies them.
`
`
`
`
`
`12
`
`Ex. 1022 / Page 12 of 17
`ERICSSON v. UNILOC
`
`
`
`
`Case 2:18-cv-00513-JRG Document 38 Filed 05/07/19 Page 13 of 17 PageID #: 430
`
`
`104. Denied with respect to Ericsson LTE-LAA Base Stations. Ericsson is without
`
`knowledge or information sufficient to form a belief as to the truth of the remaining allegations set
`
`forth in this Paragraph and therefore denies them.
`
`105. Denied with respect to Ericsson LTE-LAA Base Stations. Ericsson is without
`
`knowledge or information sufficient to form a belief as to the truth of the remaining allegations set
`
`forth in this Paragraph and therefore denies them.
`
`106. Denied with respect to Ericsson LTE-LAA Base Stations. Ericsson is without
`
`knowledge or information sufficient to form a belief as to the truth of the remaining allegations set
`
`forth in this Paragraph and therefore denies them.
`
`107. Denied with respect to Ericsson LTE-LAA Base Stations. Ericsson is without
`
`knowledge or information sufficient to form a belief as to the truth of the remaining allegations set
`
`forth in this Paragraph and therefore denies them.
`
`108. Denied with respect to Ericsson LTE-LAA Base Stations. Ericsson is without
`
`knowledge or information sufficient to form a belief as to the truth of the remaining allegations set
`
`forth in this Paragraph and therefore denies them.
`
`109. Denied with respect to Ericsson LTE-LAA Base Stations. Ericsson is without
`
`knowledge or information sufficient to form a belief as to the truth of the remaining allegations set
`
`forth in this Paragraph and therefore denies them.
`
`
`
`
`
`
`
`
`
`13
`
`Ex. 1022 / Page 13 of 17
`ERICSSON v. UNILOC
`
`
`
`
`Case 2:18-cv-00513-JRG Document 38 Filed 05/07/19 Page 14 of 17 PageID #: 431
`
`
`DEFENSES
`
`First Defense
`
`Each purported claim for relief fails to state a claim upon which relief can be granted.
`
`Second Defense
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`Ericsson has not infringed, and does not infringe (literally, under the doctrine of
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`equivalents, directly, indirectly, contributorily, or by inducement) any valid, enforceable claim of
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`the ’676 patent.
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`Third Defense
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`Uniloc’s right to seek damages is limited, including without limitation, by 35 U.S.C. §§
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`286, 287 and 288.
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`Fourth Defense
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`Uniloc’s actions in defending this case do not give rise to an exceptional case under 35
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`U.S.C. § 285.
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`Ericsson has not willfully infringed any claim of the ’676 patent.
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`Fifth Defense
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`Sixth Defense
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`Uniloc is not entitled to injunctive relief at least because any injury Uniloc has sustained is
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`not immediate or irreparable, and if Uniloc were to prevail on its cause of action for any claim, it
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`has an adequate remedy at law.
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`14
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`Ex. 1022 / Page 14 of 17
`ERICSSON v. UNILOC
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`Case 2:18-cv-00513-JRG Document 38 Filed 05/07/19 Page 15 of 17 PageID #: 432
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`AFFIRMATIVE DEFENSES
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`Without altering the burden of proof, Ericsson asserts the following defenses, which are
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`based upon an investigation that is not complete and is prior to the results of any discovery from
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`Uniloc. Ericsson’s investigation of its defenses is continuing, and Ericsson reserves the right to
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`assert all affirmative defenses under Rule 8(c) of the Federal Rules of Civil Procedure, the patent
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`laws of the United States, and any other defense, at law or in equity, that may now exist or in the
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`future be available based upon discovery and further investigation in this case.
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`First Affirmative Defense
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`The claims of the ’676 patent are invalid for failure to meet the conditions for patentability
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`set forth in 35 U.S.C. §§ 101 et seq., including without limitation §§ 101, 102, 103, and/or 112
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`thereof.
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`Second Affirmative Defense
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`Uniloc’s claims are barred, in whole or in part, by the doctrines of laches, estoppel, unclean
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`hands, waiver, acquiescence, and any other applicable equitable doctrine.
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`DEMAND FOR JURY TRIAL
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`Pursuant to Federal Rule of Civil Procedure 38(b), Ericsson Inc. demands a trial by jury on
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`all issues so triable.
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`15
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`Ex. 1022 / Page 15 of 17
`ERICSSON v. UNILOC
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`Case 2:18-cv-00513-JRG Document 38 Filed 05/07/19 Page 16 of 17 PageID #: 433
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`Dated: May 7, 2019
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`Respectfully Submitted,
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`/s/ Jacob K. Baron
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`Joshua C. Krumholz, Esq.
`(LEAD COUNSEL)
`MA Bar No.: 552573
`Email: joshua.krumholz@hklaw.com
`(pro hac vice application forthcoming)
`Jacob K. Baron, Esq.
`MA Bar No.: 652568
`Email: jacob.baron@hklaw.com
`Jacob W. S. Schneider, Esq.
`MA Bar No.: 675315
`Email: jacob.schneider@hklaw.com
`(pro hac vice application forthcoming)
`Rabi Fiotto, Esq.
`MA Bar No.: 699571
`Email: rabi.fiotto@hklaw.com
`(pro hac vice application forthcoming)
`HOLLAND & KNIGHT LLP
`10 Saint James Avenue; 11th Floor
`Boston, MA 02116
`Telephone: (617)523-2700
`Facsimile:
`(617)523-6850
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`Attorneys for Ericsson Inc.
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`16
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`Ex. 1022 / Page 16 of 17
`ERICSSON v. UNILOC
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`Case 2:18-cv-00513-JRG Document 38 Filed 05/07/19 Page 17 of 17 PageID #: 434
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`CERTIFICATE OF SERVICE
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` I HEREBY CERTIFY that on this 7th day of May, 2019, I caused the foregoing Answer
`in Intervention to be electronically filed with the Clerk of the Court by using the CM/ECF system
`which will send a notice of electronic filing to all counsel of record who are deemed to have
`consented to electronic service.
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` /s/
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`Jacob K. Baron
`Jacob K. Baron, Esq.
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`17
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`Ex. 1022 / Page 17 of 17
`ERICSSON v. UNILOC
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